1. Definitions. “Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page, any addenda and any additional materials that we provide and that you sign at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the rental company named in this Agreement. “Authorized Driver” means the renter and each driver permit to drive the towing vehicle with the Vehicle in tow. Every Authorized Driver must have a valid driver’s license and be at least age 25. “Vehicle” means the non‐motorized towed recreational vehicle identified in this Agreement and each vehicle we substitute for it, all the Vehicle’s equipment, awnings, keys and Vehicle documents. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us. “Vehicle License Fee,” “Vehicle Licensing,” “Vehicle License Prop Tax,” “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as otherwise defined under applicable law.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorneys’ fees we incur resulting from, or arising out of, this rental or your use of the Vehicle or our repossession of it. We make no warranties, express, implied or apparent, regarding the Vehicle or Optional Equipment, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular purpose.
3. Your Representations and Warranties. You represent and warrant that: the towing vehicle that you use during the Rental Period has the capacity to tow the Vehicle; any load will be properly loaded and placed for safe operation of the Vehicle; and you will ensure that when towing the Vehicle, it is properly secured and connected to the towing vehicle and will use safety chains, cables, locking devices and other similar devices meeting the requirements of applicable law.
4. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. You must empty waste tanks. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due‐in date. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to the Vehicle until we inspect it upon our next opening for business, and Charges may continue to accrue. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior written approval.
5. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0‐$250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐$750 damage=$100 fee; $751‐$1500 damage=$150 fee; $1501‐$2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
6. Prohibited Uses. The following acts or uses of the Vehicle are prohibited and constitute material breaches of this Agreement: (a) Towing the Vehicle: (i) by anyone who is not an Authorized Driver, or by anyone whose driver’s license is suspended in any jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (iv) in furtherance of an illegal purpose or under circumstance that would constitute a violation of law other than a minor traffic citation; (v) for commercial purposes without our written consent; (vi) to carry dangerous or hazardous items or illegal materiel; (vii) outside the United States or Canada; (viii) when loaded beyond the manufacturer’s suggested tow rating for the Vehicle; (ix) when driven through or under an underpass or other structure without sufficient overhead or side clearance or when driven on unpaved roads; (x) when it is reasonable to expect you to know that further operation would damage the Vehicle; (xi) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (xii) with your towing vehicle when your vehicle has insufficient towing capacity as determined by the manufacturer of your vehicle; or (xiii) by anyone who is sending or receiving an electronic message, including text (SMS) messages or emails, while operating the towing vehicle; (b) Failing to properly load materials and distribute the weight of those materials to allow safe operation of the Vehicle; (c) Failing to properly secure the vehicle to the towing vehicle; (d) Failing to summon the police to an accident involving the Vehicle; (e) Damaging the Vehicle by your intentional, wanton, willful or reckless conduct; (f) Transporting an animal (other than a service animal) in the Vehicle without our written consent; (g) Sitting, standing or lying on the roof or exterior of the Vehicle; (h) Transporting passengers in or on the vehicle while the Vehicle is being towed; (i) Placing signs or lettering on the outside of the Vehicle; (j) Placing loudspeakers or other sound equipment on the exterior of the Vehicle; (k) Failing to use the Vehicle in compliance with all instructions and warnings provided by us; (l) Using fuel with an octane rating higher than 87 if the Vehicle is equipped with an outside fuel station; and (m) Smoking in the Vehicle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
7. Optional Equipment. We offer certain Equipment, including navigational systems, kitchen or linen packages, and child safety seats, upon request and/ or subject to availability for your use during the rental at an additional charge. All Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented..
8. Insurance. We provide collision and comprehensive insurance on the Vehicle with a deductible. You are responsible for the deductible amount. This insurance does not cover Loss of Use or our administrative expenses incurred processing a damage claim. Coverage is void if you materially breach this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. You are responsible for all damage to the Vehicle that is not covered by our insurance policies or that is in excess of our insurance limits. We do not provide liability insurance coverage on the Vehicle. You are responsible for all damage or injury you cause to third parties and agree to provide liability insurance coverage on the Vehicle through the insurance policy that covers your towing vehicle.
9. Charges and Costs. You permit us to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer, and refund of your Deposit may require up to 10 business days to process and return. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) optional products and services you purchased; (c) taxes and surcharges; (d) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (e) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a reasonable fee not to exceed $75 to clean the Vehicle if returned substantially less clean than when rented; (g) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on the date and time due, and you may be charged the standard rates for each day (or partial day) after the due‐in date, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; (h) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (i) a dumping fee of $30 if the Vehicle’s waste tanks have not been drained (valves open, caps off) prior to return of the Vehicle; (j) a propane refill fee of $40 if the provided propane tanks are not refilled to the the FULL level upon return. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.
10. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
11. Responsibility for Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.
12. Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited to the daily rental rate times the number of days the Vehicle is inoperable.
13. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.
14. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.
15. Starlink. If renter opts in to rent the Starlink equipment and service the renter shall be fully and wholly responsible for all supplied equipment during the rental period. If the Star Link does not operate in a normal state upon return the renter shall compensate Over Yonder LLC the cost of repairs or replacement equipment if necessary. If the equipment is lost or stolen during the rental period of the renting party, the renter shall compensate Over Yonder LLC the cost to purchase an additional Starlink system. The renter shall return the equipment in the condition it was received. Any other accessory items to transport or operate the Starlink are also included in this rental agreement and are included as the said equipment and shall be compensated for damage, stolen or lost scenarios.
WARRANTIES. PTR MAKES NO WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, AS TO THE QUALITY AND MANUFACTURE, SAFETY, DRIVABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE OR EQUIPMENT COVERED BY THIS AGREEMENT. THE UNDERSIGNED AND ANY ADDITIONAL RIDERS IDENTIFIED HEREIN ACCEPT ANY VEHICLE OR OTHER EQUIPMENT PROVIDED BY PTR IN ITS “AS IS” CONDITION WITH ALL FAULTS.
ASSUMPTION OF RISK. I (WE) THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT DRIVING TERRAIN VEHICLES, TO INCLUDE UTILITY OR ALL TERRAIN, WITH OTHER LIKE VEHICLES AND RIDERS, IS AN ACTIVITY CARRYING RISKS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, PARALYSIS OR DEATH. I (WE) KNOW THAT OPERATING LIKE VEHICLES HAS BEEN THE CAUSE OF SERIOUS INJURY AND DEATH IN THE PAST, BECAUSE OF THE RISKS INHERENT IN OPERATION OF THE VEHICLE/S ITSELF AS WELL AS WHERE AND HOW THEY ARE OPERATED. PTR STRONGLY URGES THE RENTER AND OTHER RIDERS TO HAVE MEDICAL INSURANCE PRIOR TO ENGAGING IN THIS ACTIVITY. PTR DOES NOT PROVIDE MEDICAL INSURANCE AND ADVISES THAT SERIOUS INJURIES CAN BE FINANCIALLY DEVASTATING. I (WE) THE UNDERSIGNED AND ANY ADDITIONAL RIDERS REPRESENTED BELOW HEREBY PERSONALLY ACCEPT ALL RISKS AND LIABILITIES OF THIS ACTIVITY. I (WE) CERTIFY THAT I HAVE ADEQUATE INSURANCE TO COVER ANY INJURY OR DAMAGE I MAY CAUSE OR SUFFER WHILE PARTICIPATING, OR ELSE I AGREE TO BEAR THE COSTS OF SUCH INJURY OR DAMAGE MYSELF. I AM WILLING TO ASSUME THE RISK OF ANY MEDICAL OR PHYSICAL CONDITION I MAY HAVE. IT HAS BEEN EXPLAINED TO ME (US) THAT I (WE) THE UNDERSIGNED THAT BY EXECUTING THIS DOCUMENT
RELEASE. I, (WE), THE UNDERSIGNED, ON BEHALF OF MYSELF, MY SPOUSE (IF ANY), MY CHILD, OR ANY MINOR FOR WHOM I AM THE GUARDIAN, MY HEAIRS AND SUCCESSORS OF INTEREST, NOW AND FOREVER WAIVE, RELEASE AND DISCHARGE PTR FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES EXPENSES, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION OF ANY NATURE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH AND PROPERTY DAMAGE, THAT IN ANY MANNER ARISE FROM OR RELATE TO THE RENTAL, USE, AND/OR OPERATION, CONDITION OR POSSESSION OF THE ABOVE RENTED VEHICLE(S) AND/OR EQUIPMENT. THIS AGREEMENT WAIVER AND RELEASE EXTENDS TO AND INCLUDES ANY AND ALL CLAIMS, LIABILITIES, INJURIES, DAMAGES, AND CAUSES OF ACTION THAT THE PARTIES DO NOT PRESENTLY ANTICIPATE, KNOW, OR SUSPECT TO EXIST, BUT THAT MAY DEVELOP, ACCRUE, OR BE DISCOVERED IN THE FUTURE. I (WE) REPRESENT AND WARRANT THAT I (WE) HAVE CONSIDERED THE POSSIBILITY THAT CLAIMS, LIABILITIES, INJURIES, DAMAGES AND CAUSES OF ACTION MAY ACCRUE OR BE DISCOVERED IN THE FUTURE, AND I (WE) VOLUNTARILY ASSUME THAT RISK AS PART OF THIS AGREEMENT. I (WE) AM GIVING UP IMPORTANT LEGAL RIGHTS. IT IS MY (OUR) FURTHER INTENTION TO GIVE UP THOSE RIGHTS AND IN GOOD FAITH TO RELIEVE AND RELEASE PTR OF ANY DUTY LEGALLY OWED TO ME (US) IN RELATION TO THE CONDUCT OF THIS ACTIVITY.
INDEMNIFICATION. I (we) the undersigned hereby agree to indemnify, defend and hold harmless PTR, the Released Party, from and against any and all liability, cost, expense or damage of any kind or nature whatsoever, including, but not limited to, property loss, medical bills, loss of income, impairment, and disfigurement, and from any suits, claims or demands (including the Undersigned’s 5 claims and third party claims), including legal fees, attorney fees, and expenses whether or not in litigation arising out of, or related to, the Undersigned’s participation and use of the vehicle(s) and/or equipment.
TERMS AND CONDITIONS - READ THIS CAREFULLY. All must be initialed by the Renter.
1. Rules of operation. I (we) agree to follow and be bound by the General Operation Rules on page three and made a part of this agreement.
2. Limitation of use and responsibility for loss or damage. I (we) agree that only the persons signing or otherwise identified in this agreement will operate the rented vehicles or equipment and that passengers will not be carried on any vehicle not designated for such use. I further agree to supervise the use of the rented vehicle(s) at all times and follow all safety rules thereto. No drivers under the age of 21 years will be permitted to drive or operate any vehicle(s) under any circumstances. Should any undersigned person, any minor under my control or any person with permission of any undersigned person or entity operate any above referenced vehicle or equipment in such a manner o fail to exercise adequate care of the same so as to result in theft loss of or damage to such vehicle(s) or equipment, I (we) agree to be personally liable and financially responsible for all loss of and damage caused to any vehicle(s) or equipment covered by this agreement, regardless of whether or not I (we) have forfeited a damage deposit. I (WE) AGREE TO PAY FOR ALL SUCH LOSS AND/OR DAMAGE. I (we) also agree to pay for the loss or use of any vehicle(s) covered by this agreement damaged by myself or others, at the full day rental rate for each day from the date of damage until the vehicle is repaired and replaced in rental service, not to exceed 14 calendar days. I (we) hereby authorize PTR to charge my card on file as part of this transaction for any and all additional rental, damage and loss of use charged that I (we) may incur under the terms of this agreement.
3. I (we) agree that the vehicle(s) rental is rented to him/her with a full tank of gas and shall be returned to PTR with a full tank of gas, using 91 octane fuel. If I (we) do not return rental with a full tank of gas, PTR will charge $8.00 a gallon to fill the tank. If the tank is not filled with 91 octane fuel, a $150.00 fuel assessment will be applied to drain and refill the tank with the appropriate fuel. A copy of a valid driver’s license for each Operator is required. All rentals require a credit card authorization of $2,000.00 per vehicle on a valid credit card.
4. Partial invalidity/choice of law. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of Arizona and exclusive jurisdiction and venue for any action arising from or related to this agreement shall be the state and/or federal courts located in Phoenix, Arizona. I hereby submit to the personal jurisdiction of the state and/or federal courts located in Phoenix, Arizona for any action arising from or related to this agreement.
5. Photography. I (we) hereby give PTR and employees of this company to use photos of my choice and submission of the participation and use of the vehicle(s) and/or equipment and acknowledge that PTR may use such photos for all forms of media, in all manners for advertising, trade, sale or any lawful purposes.
6. Entire agreement, no oral modifications. This instrument, with attachments, constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing 6 signed by an authorized legal representative of PTR.
7. Good Condition. I represent that the vehicle and any other vehicle or other equipment received and/or obtained from PTR is in good condition and further represent and warrant that it will be returned in the same condition, notwithstanding ordinary wear and tear.
8. Entry of Property. I agree to allow PTR the right to enter my property for the delivery, pick-up or repossession of the vehicle(s) in the event that I do not return them. I will not loan, sublet or otherwise dispose of the vehicle(s) and/or equipment rented. In the event renter is unable to return vehicle(s) and/or equipment due to excessive damage or being stuck and inability to return, PTR will recover the vehicles(s) at renter’s expense of $500.00 if the vehicle is within 50 miles from our shop. Outside of 50 miles, renter’s expense of $150 per hour and $0.75 per mile in both directions from PTR’s place of business and to the renter’s location. This fee is in addition to any damage deposit. This expense includes faulty equipment to be determined after recovery.
9. Joint and Several Liability / Use of Terms. In the event the undersigned consists of more than one party, each of the undersigned shall be jointly, severally and individually liable for all obligations, agreements, and promises of the undersigned herein.
10. Miscellaneous. I (we) the Undersigned agree and understand that participants will not engage in any activities prohibited by any applicable laws, statutes, regulations, or ordinances and that this agreement shall be binding to the fullest extent permitted by law.
GENERAL RULES OF OPERATION and SAFETY
1. Only adult riders who have signed this Agreement and Waiver shall operate any vehicle or equipment. Do not carry persons other than as originally mounted on or assigned to ride in the vehicle. Do not carry more than 900 lbs (408 kg) on the UTVs, which includes riders, cargo, and accessories.
2. Be aware of other riders and vehicles. Be aware of your terrain. Do not go up, down, or sideways on steep inclines. Do not ride in water or wet sand as it corrodes the undercarriage. Do not attempt steep trails when you do not know where they end up. Being trapped at the bottom of a canyon can lead to expensive recovery fees. Watch out for rocks and ruts while riding in the desert. Hitting rocks/sharp objects can ruin tires and damages the suspension of your rental. You are responsible for all tire damage that occurs during your rental.
3. We recommend wearing a helmet and eye protection at all time while operating a UTV. Wearing a helmet is required by law in Arizona Wearing additional gear such as long pants, long sleeve shirt or jacket, over the ankle boots, chest protectors, gloves, knee and elbow pads will greatly reduce risk of injury. Ride prepared. Bring a charged cell phone, suitable clothing, maps, and bottled water.
1. Do not operate any vehicle(s) or equipment, in any manner other than with both hands on the steering apparatus and sitting in the seat with arms and legs within the confines of the vehicle.
2. Do not participate in any race or contest involving other vehicle(s).
3. Do not park and leave vehicle(s) or equipment unattended. 7
4. Do not tow other vehicle(s) and do not allow other vehicles to tow you and your rentals.
5. Obey all posted signs. Do not ride faster than posted speed limits. Know and abide by all local rules, state and local laws. Do not ride out of designated areas; respect our wilderness.
6. No alcohol or drug possession or consumption prior or during use while in possessions of vehicle(s) rental and equipment.
7. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. We also provide an insurance policy (“Policy”) that covers automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. PIP, medical payments, no-fault, uninsured and under-insured motorist coverage is rejected. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
8. Never jump the UTVs which can damage the suspension and frame.
9. Never make aggressive turns or donuts which can cause the tires to come off the rims and cause tipping or a roll over. If the vehicle is returned with any damage, you will be assessed a $1,000.00 damage and loss of use fee. Any crash or roll over will also be assessed a $1,000.00 damage and loss of use fee. This fee is separate and in addition to any damage charged under the deductible. The tire fee is $100.00 per tire to clean out and remount the tire.
10. PTR rescue fee for an incident caused by operator error is $500.00 if the vehicle is within 50 miles from our shop. Outside of 50 miles, renter’s expense of $150 per hour and $0.75 per mile in both directions from PTR’s place of business and to the renter’s location. This fee is in addition to any damage deductible.
11. If the vehicle is rolled and is on its side or upside down, safely upright the car if possible and call PTR office. Do not attempt to start or drive the vehicle as more damage may occur.
12. In case of a breakdown, call PTR office. Additional rental time will be allocated for time lost due to a breakdown.
13. Anyone not following these rules or the laws of the applicable jurisdiction, or those who are caught speeding or riding without a helmet, will be asked to return the vehicle(s) and the remainder of the rental will be forfeited.
14. Vehicle(s) are to be returned on time or additional fees will be charged. Late return fee is $50.00 for the first hour and $100.00 for each hour thereafter.
15. There is a $150.00 cleaning fee for vehicles returns with excessive mud on them.
16. There are no refunds for early returns or inclement weather.
17. Passengers should be able to sit in the seat with their back against the seat, reach hand holds, and place feet flat on the floor with the seat belts fastened. Do not allow small children to ride in car seats and never place children in your lap while driving.
18. If you hear or feel anything that suggests a mechanical problem developing, please call PTR to prevent further 8 damage.
19. We reserve the right to further inspect and revise our estimate of damages from your rental.
20. Be careful if riding in a wash as they fill up quickly and can be deeper than they appear.
I (WE) HAVE REVIEWED THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT. I UNDERSTAND THE RULES OF OPERATIONS AND RELEASE ALL LEGAL RIGHTS THAT OTHERWISE MAY EXIST. I (WE) EXECUTE THIS AGREEMENT VOLUNTARILY AND IN GOOD FAITH WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE
If the reservation is canceled more than 7 days of departure:
100% of booking total will be refunded.
All deposits will be refunded.
If the reservation is canceled 7 days or less of departure:
Renter is responsible for 25% of booking total.
All deposits will be refunded.
If the reservation is postponed to another date range:
There is a 0% charge for postponing a reservation.
Renter must email, text or call Over Yonder to make arrangements.
All deposits will be transferred to new date range
All other payments will be transferred to the new data range.
***Payment processing fees will be deducted from all refunds.***
Catastrophic events prohibiting the Renter in fulfilling the rental obligation will be considered by Over Yonder.